Patna High Court
Belal @ Belal AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond and conditions.
Summary
Belal Ansari was arrested on 1 July 2025 in connection with a 2023 FIR alleging offences under Sections 341, 324, 326, 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR describes a shooting incident near a temple where the petitioner is alleged to have fired at a victim, though the victim’s statement in the case diary makes a general allegation against all accused. The petitioner’s counsel argued that he was falsely implicated and pointed to an omnibus victim statement and the grant of anticipatory bail to a co‑accused in a similar case. The State opposed bail, noting the seriousness of the charges and the petitioner’s other pending cases, though he was on bail in those. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite specific allegations of firing at a victim under serious IPC and Arms Act offences.
- Whether the victim’s omnibus statement negates a specific charge against the petitioner.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 324, 326, 34, 341, 379
Subjects
- bail
- false implication
- Indian Penal Code
- Arms Act
- anticipatory bail
- criminal antecedent
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2908 of 2026
Arising Out of PS. Case No.-139 Year-2023 Thana- THAWE District- Gopalganj
======================================================
Belal @ Belal Ansari S/o- Sabir Hussain @ Sabir Ansari R/v- Ijmali, Lakri
Darhah Ps- Barharia Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Danish Quamar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-04-2026 Heard Mr.Md Danish Quamar, learned counsel for
the petitioner and Mr.Jharkhandi Upadhyay, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
01.07.2025 in connection with Thawe P.S. Case No. 139 of
2023, FIR dated 15.05.2023 registered under Sections 341, 324,
326, 307, 379 and 34 of the I.P.C. and Section 27 of the Arms
Act.
3. As per the first information report on 14.05.2023 in
the night at about 08:30 P.M. while the informant was returning
back after having meal, some persons were waiting near Kaali
temple in a car and 3-4 motorcycles and no sooner than the
motorcycle of the informant arrived near the speed breaker, they
started firing. The informant has identified the named accused
Patna High Court CR. MISC. No.2908 of 2026(4) dt.29-04-2026
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persons whose name has been disclosed in the F.I.R. There was
10-12 unknown persons also. It has further been alleged that the
named accused -Nezam fired upon the maternal uncle of the
informant namely Jay Prakash Kumar and he sustained gun shot
injury on his chest. The petitioner fired from his pistol due to
which Niraj Kumar sustained gun shot injury. When the
informant started fleeing away, the accused Pawan Kumar,
Aftab Sheikh, Faiyaz and 3-4 unknown persons caught hold the
informant and attacked upon him with knife due to which he
sustained injury on his head and finger.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. As per allegation in the FIR, the petitioner has
fired upon the victim (injured person). Learned counsel for the
petitioner submits that although the specific allegation against
the petitioner is that he has fired upon the victim but the
statement of the victim which was recorded in paragraph-46 of
the case diary in which he has not stated about specific
allegation against the petitioner rather he has stated that all the
accused persons have fired upon him which suggests that there
is general and omnibus allegation against all the accused
persons including the petitioner. Further submits that co-accused
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person, namely, Sahil Ansari @ Md. Zubair Ansari, against
whom the similar allegation, has been granted privilege of
anticipatory bail by a Coordinate Bench of this Hon’ble Court
vide order dated 08.10.2025 passed in Cr. Misc. No.69437 of
2025 and the police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
01.07.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that it appears from the
FIR that there is specific allegation against the petitioner, apart
from the aforesaid, the petitioner carries three more cases other
than the present one but fairly submits that the petitioner is on
bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gopalganj in connection with Thawe P.S. Case No. 139 of 2023,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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